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Can a Trademark Application be opposed?

Trademark applications can be opposed on the following grounds:

  • Proprietary rights
  • Mark is descriptive
  • Mark is not distinctive
  • Mark is misleading, disparaging or deceptive
  • Mark is functional
  • Breach of copyright
  • Rights of a well-known mark
  • Use of protected armorial bearings, state emblems or flags
  • Rights of a tradename
  • Rights in a registered design
  • Rights in a personal name
  • Mark is generic
  • Mark uses a geographical indication
  • Mark contradicts public policy and principles of morality
  • Rights in a company name

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